Terms Of Use

Your access to or use of HRPersonality Web Sites, or any of their Content, Products and/or Services (as defined below), constitutes your acceptance and agreement to be bound by, without modification, the terms, conditions, and notices contained herein (the "Terms of Use") (the "Agreement"). Please read this document carefully. If you have any questions regarding the Terms of Use, please contact us here.

1. Definitions

HRPersonality Web Sites: entire web sites at www.hrpersonality.com, business.hrpersonality.com, respondent.hrpersonality.com, and at any subdomains of hrpersonality.com and hrpersonality.net

Respondent(s): any respondent to any questionnaires available via HRPersonality Web Sites or as a part of Content and/or Services

Products: all and any products provided by Humanmetrics via HRPersonality Web Sites, including but not limited to, Jung Typology Profiler for Workplace™ (JTPW™) assessment instrument.

Content: all and any content contained on or generated by HRPersonality Web Sites, including, without limitation, Products, questionnaires, reports, text, graphics, and software.

Services: all and any services provided by Humanmetrics via HRPersonality Web Sites, including, but not limited to, your access to the Content or portions thereof, your HRPersonality assessment administration account and other features.

2. No Prohibited Use

You may not use HRPersonality Web Sites, Content, and/or Services for any illegal purpose or in any way prohibited by with these Terms of Use. Your use of the HRPersonality Web Sites, Content, and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the HRPersonality Web Sites, Content, and/or Services in any manner which could damage, disable, overburden, or impair the HRPersonality Web Sites, Content, and/or Services or interfere with any other party's use and enjoyment of the HRPersonality Web Sites, Content, and/or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HRPersonality Web Sites, Content, and/or Services.

3. Liability Disclaimer

THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. HUMANMETRICS AND/OR ITS SUPPLIERS MAY MAKE CHANGES IN THE HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES AT ANY TIME. ADVICE RECEIVED VIA HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES SHALL NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES ARE INTENDED TO BE USED FOR NON-HEALTH AND NON-LIFE THREATENING SITUATIONS ONLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HUMANMETRICS AND/OR ITS OWNERS, PARTNERS, ASSOCIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, title title-warning, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, AND AVAILABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUMANMETRICS AND/OR ITS OWNERS, DIRECTORS, ASSOCIATES, PARTNERS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE HRPERSONALITY WEB SITES, CONTENT, PRODUCTS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES, FOR BREACH OF INFORMATION, INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION YOU AND OR YOUR RESPONDENTS PROVIDED TO HUMANMETRICS, OR SUBMITTED VIA HRPERSONALITY WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUMANMETRICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HRPERSONALITY WEB SITES, CONTENT, AND/OR SERVICES.

IN NO EVENT WILL TOTAL LIABILITY OF HUMANMETRICS UNDER OR RELATED TO THESE TERMS OF USE, THE TERMINATION THEREOF, AND/OR THE PROVISION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE FEES WE ACTUALLY RECEIVED FROM YOU DURING THE ONE (1) YEAR PERIOD PRECEEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.

4. Termination/Access Restriction

Humanmetrics reserves the right, in its sole discretion, with or without cause, to terminate your access to the HRPersonality Web Sites, Content and/or the related Services, or any portion thereof at any time, without notice.

You may terminate using HRPersonality Web Sites, Content and/or Services, with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing all use of the HRPersonality Web Sites, Content, and Services and destroying all materials obtained from or through HRPersonality Web Sites, Content and Services.

Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and all other provisions of this Terms of Service which may reasonably be construed as surviving termination hereof, shall survive termination of this Terms of Service for any reason.

5. Third Party Services

HRPersonality Web Sites may contain links to or references regarding other web sites ("Linked Sites"). The Linked Sites are not controlled by Humanmetrics and Humanmetrics is not responsible for availability and the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Humanmetrics is not responsible for webcasting or any other form of transmission received from any Linked Site. Humanmetrics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Humanmetrics of the site or any association with its operators. Further, access and use of the Linked Sites and any content outside of HRPersonality Web Sites, is subject to their own terms of use.

Humanmetrics may refer and/or offer for sale, via the its Web Sites, Content, and/or Services, certain third party services and/or products, including, but not limited to, literature, consultations, and workshops ("Third Party Services"). Humanmetrics makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services. You will not consider Humanmetrics, nor will Humanmetrics be construed, as a party to any transactions relating to Third Party Services, whether or not Humanmetrics may have received some form of revenue or other remuneration in connection with the transaction, nor shall Humanmetrics be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services.

6. Modifications Of These Terms Of Use

Humanmetrics reserves the right, to make changes to these Terms of Use from time to time, in its sole discretion. The updated Terms of Use are available to you via HRPersonality Web Sites. You are advised to check the Terms of Use before using HRPersonality Web Sites, Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the Terms of Use, please terminate these Terms of Use by immediately by (a) notifying Humanmetrics that you are unwilling to accept the changes to the Terms of Use, (b) discontinuing all use of the HRPersonality Web Sites, CHumanmetrics reserves the right, to make changes to these Terms of Use from time to time, in its sole discretion. The updated Terms of Use are available to you via HRPersonality Web Sites. You are advised to check the Terms of Use before using HRPersonality Web Sites, Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the Terms of Use, please terminate these Terms of Use by immediately by (a) notifying Humanmetrics that you are unwilling to accept the changes to the Terms of Use, (b) discontinuing all use of the HRPersonality Web Sites, Content, and Services, and (c) destroying all materials obtained from or through HRPersonality Web Sites, Content and Services. Your continued access to and/or use of HRPersonality Web Sites, Content and/or Services constitutes your acceptance of these Terms of Use and any changes thereto.

7. Applicable Law

To the maximum extent permitted by law, this agreement is governed by the laws of the province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Greater Toronto Area, Ontario, Canada in all disputes arising out of or relating to the use of the HRPersonality Web Sites, Content, and/or Services. Use of the HRPersonality Web Sites, Content, and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Humanmetrics as a result of this agreement or use of the HRPersonality Web Sites, Content, and/or Services. Humanmetrics performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Humanmetrics' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HRPersonality Web Sites or information provided to or gathered by Humanmetrics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Humanmetrics with respect to the HRPersonality Web Sites, Content, and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Humanmetrics with respect to the HRPersonality Web Sites, Content, and/or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

All of the intellectual property rights in HRPersonality Web Sites, Content, and Services belong to Humanmetrics Inc. or its licensors. Jung Typology Profiler for Workplace™, the HRPersonality™ assessment administration system, and all personality assessments offered by Humanmetrics Inc. are the intellectual property of Humanmetrics Inc. The scoring algorithm, report generation algorithm, and software code are the valuable intellectually property (e.g. trade secrets and confidential information) of Humanmetrics Inc.

The Content and any materials offered by Humanmetrics from or through HRPersonality Web Sites and/or Services are protected by law, including without limitation the copyright laws of Canada, the United States, and other countries, and by international treaty provisions. You have no intellectual property rights in products, materials and content offered by Humanmetrics. All rights not expressly granted are reserved by Humanmetrics Inc. and its licensors.

You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, the scoring algorithm, or the reports generation algorithm of Jung Typology Profiler for Workplace™ instrument, HRPersonality Websites, Content or Services.

You shall not modify, adapt, translate, or create derivative works based upon HRPersonality Web Site, Content and/or Services, and any content provided on or as a part of HRPersonality Web Sites, Content and/or Services. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of HRPersonality Web Sites, Content and/or Services.

10. Trademarks

All brand names, product names and title title-warnings used on this site are trademarks or trade names of their respective holders.

Humanmetrics™, HRPersonality™, Jung Typology Profiler™, JTP™, Jung Typology Profiler for Workplace™, JTPW™, JTPW Personality Radar™, Jung Typemeter™, Jung Career Indicator™, JCI™ are trademarks or registered trademarks of Humanmetrics Inc. or its licensors, in Canada, the United States, and other countries.

Humanmetrics Products use methodology, questionnaire, scoring and software that are proprietary to Humanmetrics. JTPW™ and JCI™ assessments and their results are not based on, nor incorporate the Myers-Briggs® assessment methodology, or the MBTI® instrument, and shall not be confused with the MBTI®, Myers-Briggs® and/or Myers-Briggs Type Indicator® instrument offered by CPP, Inc. Humanmetrics is not affiliated with CPP, Inc.

No permission is given in respect of the use of any of the above and any brand names, product names and title title-warnings used on this site. Any such use may constitute an infringement of the holders' rights by you.

11. Indemnification

You agree to defend, indemnify and hold each of Humanmetrics Inc, its parent companies, subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses, including reasonable attorneys' and expert witness fees, arising out of or relating to the use of HRPersonality Web Sites, Content and/or Services and/or violation of these Terms of Service by you and/or by your Respondents, and/or any users of your HRPersonality account, including, without limitation, any breach of the representations and warranties made by you herein, or the infringement by you, or any other user of your account, or your Respondents, of any proprietary rights or other rights of any person or entity.

12. Privacy Statement

By using the HRPersonality Web Sites, Content, and/or Services, you consent to the data practices described in the Privacy Statement available here. The Privacy Statement applies to the HRPersonality Web Sites, Content, and/or Services and governs data collection and usage.